Difference between "manager and workman"
anirban
(Querist) 28 September 2015
This query is : Resolved
Sirs,
I was working as Sales Manager in the Indian subsidiary of US based MNC.I did not exercise any power to grant leave, to initiate disciplinary proceedings and to make temporary appointments etc., My emoluments was near about 0.1 million Indian rupees per month. I have some dispute over my terminal dues and would like to proceed through labour court.Can I be treated as "Worker" instead of a "Manager" (Glorified) under Industrial Dispute Act or Shop & Commercial Establishment Act?
K.S.Srinivas
(Expert) 28 September 2015
You will be treated as Manager u/s.2 of Industrial Disputes Act, 1947.
Kumar Doab
(Expert) 28 September 2015
Shop & Commercial Establishment Act of your state may not discriminate between between 'Workman' and 'Non Workman'. This Act simply defined 'Employee' and 'Employer' and 'Establishment'.
Your designation may indeed be glorified.
You may spend quality time with an able Labor Law Consultant/Service Matters lawyer/Law firm specializing in labor-service Matters.
Your counsel may ask you a set of structured questions and may opine that you can be covered by the def. of 'Employee' as in the Shops and Estabs Act of your state and 'Workman' as in ID Act.
In such case you can approach the tribunal anytime and there is no limitation as per latest judgments by Supreme Curt of India.
Unpaid wages/fruit of labor is debt on employer and employee can file for ‘Winding Up petition and complaint u/s 406,420…………………......................An employee of the level of AVP succeeded with winding up petition and it was a kind of very loud slap on face of unscrupulous employer.
Assuming for a moment (until your counsel confirms it) that you are not covered as 'Workman' as in ID Act your able counsel may still opine that you are by the def. of 'Employee' as in the Shops and Estabs Act of your state.
Assuming for a moment (until your counsel confirms it) that you are not covered as 'Workman' as in ID Act ………………………………the limitation of 3 years may affect you.
anirban
(Querist) 29 September 2015
Kumar Sir, Thanks for your valuable advice.Can you plz elaborate on the below statement: "Assuming for a moment (until your counsel confirms it) that you are not covered as 'Workman' as in ID Act , the limitation of 3 years may affect you."
1)What is the limitation of 3 years?
2) Is it advisable to proceed under shop & commercial establishment act in this case rather under ID act?
3)What is the cost of filing winding up petition at high court?
4)If claim is partly disputed,then can the winding up petition recover undisputed money?
Kumar Doab
(Expert) 29 September 2015
1. After 3 years your claim may be barred by limitation.
2. Show the provisions of the Act as in your state to your counsels and let your counsel opine finally on it.
3. Your lawyer can inform you.
4. Let your lawyer examine the claim and dispute and relate it with T&C of your appointment,eligibility,entitlement etc...
As already suggested that you may spend quality time with an able Labor Law Consultant/Service Matters lawyer/Law firm specializing in labor-service Matters.
T. Kalaiselvan, Advocate
(Expert) 04 October 2015
Well advised by expert Mr. Kumar Doab, you follow the suggestions made by him by contacting a labor law practicing lawyer in your local and proceed as per his further advise.
